Acts and Regulations

I-12 - Insurance Act

Section 104.1
Disposition versions

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Third party to an action
104.1(1)Where an insurer denies liability under a contract evidenced by a liability policy other than a motor vehicle liability policy, it shall, upon application to the court, be made a third party in any action to which the insured is a party and in which a claim is made against the insured by any party to the action in which it is or might be asserted that indemnity is provided by the contract, whether or not the insured enters an appearance or defence in the action.
104.1(2)Upon being made a third party, the insurer may
(a) contest the liability of the insured to any party claiming against the insured,
(b) contest the amount of any claim made against the insured,
(c) deliver any pleadings in respect of the claim of any party claiming against the insured,
(d) have production and discovery from any party adverse in interest, and
(e) examine and cross-examine witnesses at the trial,
to the same extent as if it were a defendant in the action.
104.1(3)An insurer may avail itself of subsection (1) notwithstanding that another insurer is defending in the name of and on behalf of the insured an action to which the insured is a party.
1981, c.35, s.1; 1987, c.6, s.45